Legal Case

Legal Studies In December 2002 Dominic Li answered his front door to two men (Richard Nimmo and Maua Sua) some(prenominal) armed with guns. Sua and Nimmo were world paid by Yonky Irvin burning, a drug dealer whom Lis fellow in constabulary owed money to. Both Sua and Nimmo poured hydrochloric acid onto Mr Li where he suffered burns to his face, became blind and burns to his oesophagus. Mr Li painfully passed past three weeks later due to these injuries sustained as they guide to a blockage in his throat that blocked his breathing. Tan was rig sinful of plannng the strike and metred to life in prison house house.Sua and Nimmo were found not criminalityy to the collide with but found guilty on some other offences. Identify the class levelheaded citation of the upshot Name Dominic Li Satorre v R, R v AB, R v Tan Acid attack and executing Date 13th December 2002 Outline the elements of the offence In this pillow slip the elements of this matter include the planning of the event by Tan. This is grapplen as the mens rea (guilty mind) this is proven by Tan admitting he had think out the act and paid Sua and Nimmo to kill Li for him. Also acts rea is formal in this case.Acts rea is the guilty act and is revea conduct in the case by Sua and Nimmo burbling the acid on Lis face which eventually led to Li passing away three weeks later due to the injuries suffered in the attack. The overall offence of this act was murder. Describe the factors that might have led to the criminal behaviour. Economics was the factor/motive for this murder. Lis brother in law (Phillip Ma) owed Tan money and had disappeared. Tan then plotted out the murder of Li as a way of finding out where Ma was and to portray to Ma that it was a sign that Tan was coming after him.Outline the reporting and investigation of the crime Mr Lis murder was reported to the police by his wife who looked on in horror as her husband had the acid poured dispirited his throat and on his face at gunpoint. The evidence that was discovered at the crime gibe was the DNA of Sua and Nimmo (Fingerprints on guns and acid bottle). Explain the role of the courts The role of the courts is to regard cases macrocosm put forward by the two parties and decide the import of the hearing. In this case the case was comprehend at the NSW Supreme Court.It was heard in Supreme Court as the offence committed was similarly severe for the local courts as it was a murder case. Outline the legal representation The legal representation in this case is the roles of both the hood and the prosecutor. The role of the crown in cases is to act as the prosecuting party against the defendant. The bloom is usually abbreviated or represented by R. e. g. R v Smith. The role of the prosecutor is to assist the court in that the truth of the offence has been arrived and achieved. Identify the PleaIn the case of Dominic Lis murder the offenders involved in the crime Tan, Sua, Nimmo and Sattore all pleade d innocent but were found guilty on various offences. Firstly Tan was found guilty of planning the murder and was sentenced to life in prison. Secondly Sua and Nimmo were found guilty but were label because one of Tans associates that was involved in proving Sua and Nimmos guilt and been in prison on previous occasions was seen as unreliable. However, both Sua and Nimmo were found guilty of drug offences and both prisoned to 24 years prison.Finally Sattore, who was found guilty of driving Sua and Nimmo to Lis house was charged with creation an accessory to the crime as he admitted to having prior knowledge of the plan murder and was sentenced to 16 years in prison. After the sentences were transfer down Sattore expressed his sympathy and sorrow towards the victims friends and family. Discuss the factors that imprint the sentencing decision Factors that affect sentencing decisions are conditions that may influence the closing offspring and affect the result e. g. educe or inc rease the punishment handed down. These conditions are considered by the court when determining whether the defendant is guilty or innocent. Some conditions may reduce the severity of the charge. These conditions are known as mitigating offences. In addition, conditions that may result in the charge becoming to a greater extent severe are known as aggravating offences. In Mr Lis case the mitigating offence shown was that of Mr Tans associates being tagged as unreliable therefore leading to the murder charges on Sua and Nimmo being dropped.Explain the penalty presumption Penalties given to the defendant may include era in prison. The judge determines the time that the defendant has to serve in prison based on the severity of the case that is being heard. In the case of Mr Lis murder the judge handed down the sentence of life in prison to Mr Tan, 24 years in prison to both Sua and Nimmo and 16 years imprisonment to Sattore. Analyse the extent to which the law balances the rights of victims and offenders.In cases presented in court, the courts have to ensure the both the rights of the victims and the offenders are upheld. These rights must be met without any bias or unfairness towards one party. In the case of Mr Dominic Lis death, his family and Mr Li himself have had their rights well-kept as they know that the people responsible for Mr Lis death are armed service a long time in prison for what they did. On the other hand the rights of the offenders have also been upheld. Justice has been served to Tan, Sua, Nimmo and Sattore.This has been done by Sua and Nimmo being acquitted because of an unreliable source being used as a witness and providing an unstable statement. However, the rights of Lis family were once again maintained as both Sua and Nimmo were still charged for other offences and face protracted prison sentences. Furthermore , Sattore has been dealt justice as he is still destiny time for his part in the murder but hasnt been given as severe pu nishment as the other member because he did not actually take part in the killing he just drove the murderers to Lis house.He also admits to feeling exceedingly sorry for his actions and all of the offenders must live with the guilt of murdering Mr Dominic Li for the watch of their lives. In conclusion, the rights of both the victims and offenders have been upheld throughout the case by the final outcome. The family of Mr Li can get a sense of security and fit out of knowing that the people who killed their beloved family member are lot time behind bars. Finally, the rights of the offenders were maintained because each member was given a fair trial and received a reduce punishment unless for Mr Tan. Bryce Donovan